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CAN
THEY DO THAT ?
STICKS
AND STONES
WRIGHT
& MILLS, P.A..
I WAS IN A BAR
AND SOMEBODY CALLED ME A ROTTEN NAME, SO I
SLUGGED HIM. I TOLD THE COPS THAT I WAS
PROVOKED, BUT THEY SAID IT DIDN'T MATTER
AND THEY CHARGED ME WITH ASSAULT. CAN THEY
DO THAT?
Yes,
they can.
Provocation
is not a defense to a crime unless the
crime is murder, and then it may only
reduce the charge to manslaughter.
Even
when provocation is a defense to murder,
the provocation must have been so severe
that other ordinary people would have
reacted the same way.
Provocation
is "adequate" to reduce a murder charge to
manslaughter only when it was reasonable
for the person charged to react with
extreme anger or extreme fear. It is not a
defense if the person charged with the
crime was thin skinned or quick tempered
and took offense too easily to something
the victim did. Also, the person charged
cannot be the person who started the
confrontation or "provoked" the
provocation.
When
a person is charged with assault or
criminal threatening or some other crime
other than murder, it is simply no defense
to say the other person egged you on, or
deserved it, or provoked you with
offensive words.
For
lesser crimes, provocation is not
available as a defense. The law expects
you to ignore insults and foul language.
You cannot react with physical force
unless the other person assaults you or
attempts to assault you and you react in
self-defense.
Keeping
the peace is more important than keeping
your pride.
So,
when someone taunts you or calls you
names, walk the other way. Or, call the
police and file a complaint for
harassment.
Remember,
sticks and stones may hurt your bones, but
words will never harm
you!
It's
not only a wise saying,…It's the
law!
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